(A)

The landscaping and screening guidelines set forth in this Chapter 17, "Landscaping and Screening," are intended to help preserve and protect the appearance, character, general health, well-being, and safety of the City by ensuring the compatibility of different land uses.

(B)

Specifically, these regulations are intended to increase the compatibility of adjacent uses by requiring a buffer or screen between such uses, so as to minimize the negative impacts of noise, dust, and other debris, unsightly views, motor vehicle headlight glare, and the intrusion of other sources of artificial light.

(A)

The landscaping and screening guidelines set forth in this Chapter 17, "Landscaping and Screening," shall apply to all applications in all zoning districts except those applications pertaining to single-family dwellings, two-family dwellings, temporary uses permitted to Section 6-4-8, "Temporary Uses," and any use located in the U-3 district that is sited further than one hundred (100) feet from a publicly dedicated right of way.

(B)

The extent of landscaping recommended for a given site shall be proportionate to the size of the site and the extent of development proposed. A new development shall require comprehensive landscaping whereas a building or parking lot addition may require less comprehensive landscape treatment.

(A)

The landscape guidelines set forth in this Chapter 17, "Landscaping and Screening," shall be implemented by the Design and Project Review Committee through the site plan review process described in Chapter 3, "Implementation and Administration" and set forth in the separate Design and Project Review Ordinance, Ordinance No. 50-O-14, as amended, a copy of which is included as Appendix E to this document.

(B)

The Design and Project Review Committee's interpretation of the landscape guidelines shall be consistent with the landscape standards contained in the Manual of Design Guidelines, described in Section 6-17-2-2 below.

(Ord. No. 50-O-14, § 17, 10-27-2014)

The Land Use Commission shall prepare a Manual of Design Guidelines for review and approval by the City Council that shall be a separate document from this Ordinance. The manual shall include detailed landscape design guidelines to assist developers in the preparation of landscape plans and the Design and Project Review Committee in its review of landscape plans. The detailed design guidelines contained in the manual shall guide the Design and Project Review Committee in its implementation of the general landscape guidelines set forth in this Chapter 17, "Landscaping and Screening."

The scope of landscaping guidelines that shall be contained in the Manual of Design Guidelines is set forth in Section 6-17-2-3 below.

(Ord. No. 50-O-14, § 18, 10-27-2014; Ord. No. 52-O-22, § 75, 6-27-2022)

The Manual of Design Guidelines shall contain guidelines that address the following landscape elements:

(A)

Landscape Elements of General Applicability:

1.

Prohibited trees.

2.

Minimum plant sizes.

3.

Plant variety.

4.

Berming.

5.

Building foundation landscaping.

6.

Design and planting of retention and detention ponds.

7.

Front yard coverage in live landscaping.

(B)

Landscape Elements of Specific Applicability:

1.

Perimeter landscaping for residential and nonresidential uses.

2.

Perimeter and interior site landscaping for parking lots, parking decks, and loading areas.

3.

Screening for refuse disposal areas, satellite dishes, air conditioners, electrical equipment and mechanical equipment.

4.

Screening for ground signs and ground lights.

5.

Parkway trees.

All landscape plans shall be prepared, and plant material installed and maintained, in accordance with the Manual of Design Guidelines. Upon application by the owner of the property to the Design and Project Review Committee through the Zoning Administrator, the Design and Project Review Committee may waive or modify any landscape requirements upon making a written finding that the strict application of such standard is not practicable in light of the dimensions of the site and the approved plan of development.

(Ord. No. 50-O-14, § 19, 10-27-2014)

The owner of the premises shall be responsible for watering, maintenance, repair, and replacement of all landscaping, fences and other visual barriers, including refuse disposal area screens, that have fallen into disrepair (in the case of fences) or died (in the case of plant material).

All plant materials shall be maintained in a healthy, vigorous growing condition, and neat and orderly appearance. They shall be replaced as necessary, and shall be kept free of refuse and debris.

A property owner, notified by the Zoning Administrator that his landscaping violates the provisions of this Chapter 17, "Landscaping and Screening," shall be granted a reasonable period of time within which to restore or replace said plant material, fence, wall and/or other barrier. If such violation is not corrected by the next current growing season, the property owner shall be subject to a fine as set forth in Section 6-3-10-5, "Penalties and Remedies for Violations."

Existing trees shall be preserved in place wherever possible. If this is not possible, those existing trees that are healthy, of manageable size for transplanting, and with an attractive form shall be transplanted on site. Special precautions shall be made during construction to prevent damage to preserved trees and special techniques shall be used, as described in the Manual of Design Guidelines, to ensure successful transplants.

Residential and nonresidential uses shall be subject to the site perimeter landscaping requirements set forth in the Manual of Design Guidelines and all other general requirements of the Manual's landscape guidelines.

Parking and loading areas shall be subject to the landscape screening requirements set forth in the Manual of Design Guidelines and all other general provisions of the Manual's landscape guidelines.

An appeal of any decision of the Design and Project Review Committee in connection with its implementation of the landscape requirements of this Chapter 17, "Landscaping and Screening," may be made pursuant to Section 4-14-9 of this Code.

(Ord. No. 50-O-14, § 20, 10-27-2014)